Agreement to
Terms of Use of Rumi’s Kitchen Website

These Terms and Conditions of Use (the “Terms of Use”) apply to the website located at www.RumisKitchen.com, and any sites or pages linked thereto or otherwise owned, operated or maintained by Rumi’s Kitchen (as hereinafter defined), its related operating entities, subsidiaries and affiliates (collectively, the “Site”). The Site and all trademarks listed thereon are the property of Rumis Holdings LLC (“Rumi’s Kitchen”).

ACCESS & USE

Rumi’s Kitchen reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. You should check these Terms of Use periodically for updates or other changes. Your use of this Site and continued use following the changes to the Site constitutes acceptance and agreement to the changes. Provided that you comply with these Terms of Use, Rumi’s Kitchen grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Rumi’s Kitchen’s systems or networks, or any systems or networks connected to the Site or to Rumi’s Kitchen. You agree not to introduce harmful code or virus or otherwise tamper with, impair or damage the Site or interfere with the proper working of the Site or any other user’s ability to use the Site. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rumi’s Kitchen or others.

CONTENT OF SITE

All user or visual interfaces, text, graphics, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, architecture, structure, selection, coordination, expression, dress and arrangement of such material (collectively, “Content”), contained on the Site is owned, controlled or licensed by or to Rumi’s Kitchen, and is protected by trade dress, copyright, patent and trademark laws, and other applicable intellectual property rights and unfair competition laws.

Content may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Rumi’s Kitchen’s express prior written consent.

You may use information on the Site (such as menus or similar materials) purposely made available for downloading by Rumi’s Kitchen, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial, informational use, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such materials.

SUBMISSIONS

Rumi’s Kitchen appreciates comments and feedback from guests but does not solicit proposals, ideas, recipes, concepts, designs or other product or material from guests or through the Site. By submitting any unsolicited proposal, idea, recipe, design or other material (a “Submission”) to Rumi’s Kitchen through the Site, you agree and warrant the Submission is non-confidential and non-proprietary, and you further agree Rumi’s Kitchen shall have no obligations concerning the Submission, contractual or otherwise, and shall not be liable for any use or disclosure of any Submission. Rumi’s Kitchen shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

COMMUNICATIONS

Rumi’s Kitchen communications will be conducted through various channels, including but not limited to, in-restaurant devices, the Site, email and SMS/text. If you provide Rumi’s Kitchen with your mobile telephone number for promotional purposes you agree that Rumi’s Kitchen may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Messaging frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. To quit, text “STOP” to any text message you receive. If you reply “STOP” Rumi’s Kitchen may send you an additional message confirming your “STOP” request. Text messages may not be available on all mobile carriers. See Privacy Policy for privacy related questions. If you sign-up for additional mobile programs in connection with Rumi’s Kitchen you may receive additional messages in connection with such program.

SPECIFIC OTHER TERMS & CONDITIONS; CHANGES

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including online ordering systems, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Rumi’s Kitchen’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Rumi’s Kitchen may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Rumi’s Kitchen makes no commitment to update the materials on the Site with respect to such products and services.

LINKS AND THIRD-PARTY APPLICATIONS

The Site may make use of or redirect you to third party websites or applications. These may include, but are not limited to, applications used to make or manage online reservations. You acknowledge these websites/applications are not managed or controlled by Rumi’s Kitchen and that you access and use them at your own risk. The appearance of a link or application on this Site does not constitute an endorsement, and Rumi’s Kitchen is not responsible for the content found on any linked site, nor in any way liable for your access or use of any such link or application.

FORMS, EMPLOYMENT APPLICATIONS AND OTHER DOCUMENTS

The Site may provide forms, applications or other materials for access and downloading by you, including, but not limited to, catering and private dining materials, pricing lists, contact forms and employment applications. Any documents accessed or downloaded from the Site may not contain up-to-date information and may be changed at any time without notice to you by Rumi’s Kitchen. Any documents or forms submitted through or from the Site shall not create a contract or otherwise guarantee pricing, availability or agreement by Rumi’s Kitchen to your request, proposal or submission. The presence of employment applications made available through the Site is not a representation that there are available positions for employment with Rumi’s Kitchen or that applications are being solicited, reviewed or considered at the time of submission.

PRIVACY

Rumi’s Kitchen’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By accessing the Site you consent to the Rumi’s Kitchen Privacy Policy. To view Rumi’s Kitchen’s Privacy Policy, click here (LINK). Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if we note that we attempt to protect that information by encryption or other means.

DISCLAIMERS; LIMITATION OF LIABILITYDISCLAIMERS; LIMITATION OF LIABILITY

RUMI’S KITCHEN MAKES NO REPRESENTATION AND DOES NOT GUARANTEE THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RUMI’S KITCHEN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RUMI’S KITCHEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUMI’S KITCHEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RUMI’S KITCHEN SERVICES. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTIES. YOUR SOLE REMEDY AGAINST RUMI’S KITCHEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE USE OF THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. You will be solely responsible for any damage to your computer system or any loss of data resulting from use of the Site. In regards to this Site or any portion of this Site, Rumi’s Kitchen reserves the right modify, suspend or terminate operations; to make any modifications or changes including without limitation changes to any applicable policies or terms; and to interrupt the operations as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Rumi’s Kitchen be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Rumi’s Kitchen has been advised of the possibility of such damages. Unless prohibited by law, if Rumi’s Kitchen is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Rumi’s Kitchen’s liability shall in no event exceed the price you have paid to access the Site.

INDEMNIFICATION

You agree to indemnify and hold Rumi’s Kitchen, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Rumi’s Kitchen by any third party due to or arising out of or in connection with your use of the Site.

MISCELLANEOUS PROVISIONS

Any provision of these Terms of Service shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions. Failure or delay by Rumi’s Kitchen to exercise any rights, actions or remedies afforded to Rumi’s Kitchen hereunder shall not constitute a waiver thereof and Rumi’s Kitchen intends to preserve all such rights and remedies. These Terms of Service and the policies referenced in these Terms of Service constitute the entire agreement between you and Rumi’s Kitchen regarding this Site. No modification or waiver by Rumi’s Kitchen of any provision shall be deemed to have been made unless made in writing. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Rumi’s Kitchen reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person, restaurant location or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. The laws of the State of Georgia govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in Fulton County, Georgia for any legal proceeding, claim, arbitration, or action arising out of or relating to these Terms of Use.